Bombay High Court quashes 2010 FIR against Shekhar Suman and Bharti Singh over comedy show remarks

The Bombay High Court has quashed a 2010 FIR registered against actor Shekhar Suman and comedian Bharti Singh over alleged remarks made during a television comedy show, ruling that no offence of hurting religious sentiments was established.

The case was registered at Pydhonie Police Station under Section 295-A of the Indian Penal Code, which deals with deliberate acts intended to outrage religious feelings, along with Section 34, which relates to common intention. A representative of the Raza Academy had filed the complaint following an episode of Comedy Circus Ka Jadoo that aired in November 2010.

Justice Amit Borkar allowed separate petitions filed by Shekhar Suman and Bharti Singh seeking cancellation of the FIR and all related proceedings. While delivering the order, the court observed that the television programme was meant for light entertainment and should be viewed in the proper context.

The High Court stated that a comedy show cannot be judged in the same way as a serious speech, religious discourse, or political statement. It noted that performances in such formats should be considered as a whole instead of isolating a few words or expressions.

The court further clarified that for an offence under Section 295-A to be made out, there must be both deliberate and malicious intent to insult religious sentiments. According to the bench, both conditions are necessary, and if either one is missing, the offence is not complete.

After reviewing the available material, the court found no evidence to suggest that either Shekhar Suman or Bharti Singh had any intention to insult any religion. It also said that merely because some viewers may have felt offended would not be enough to justify criminal prosecution.

The bench also considered the specific roles of the two artists. It noted that Shekhar Suman was serving as a judge on the show, while Bharti Singh was performing as part of a scripted comic act. There was no material indicating any shared plan or common intention between them.

Additionally, the High Court pointed out that the prosecution had failed to obtain prior sanction under Section 196 of the Code of Criminal Procedure, a mandatory requirement for prosecuting offences under Section 295-A.

Rejecting the State’s argument that the matter should proceed to trial, the court held that a trial cannot replace the need for a legally valid case. It concluded that continuing criminal proceedings in the absence of required ingredients would amount to misuse of the legal process.

With this ruling, the FIR and all consequential proceedings against Shekhar Suman and Bharti Singh have been set aside.

Also Read: “Your talent should be your drug,” Shekhar Suman condemns Bharti Singh

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